For many people, pets are among the most important members of a household. But in the days following a death, amid the logistics of notifying family, arranging services, and beginning the estate process, a pet's immediate needs can get lost. And the longer-term question of who will care for an animal whose owner has died is one that most Canadians have not formally addressed.
This guide covers what happens to a pet legally when an owner dies in Canada, what options exist for immediate care, and how to plan in advance so the animal does not end up without a clear path forward.
At a glance
In Canadian law, pets are classified as property, not as family members or legal persons. This means a pet cannot inherit money or be named as a beneficiary in a will. What a will can do is name a caregiver for the animal and leave funds to that person to cover the pet's care. Without any plan in place, a pet becomes part of the estate and is treated like any other personal property. In the immediate days after a death, someone who knew the deceased needs to step in to ensure the animal is fed, sheltered, and safe. Planning ahead, even informally, makes a significant practical difference for the animal and for the people left to manage the situation.
The legal status of pets in Canada
Canadian estate law treats pets as personal property. Despite a 2021 decision by the Court of Appeal of Alberta that described animals as sentient beings, and despite Quebec's similar recognition that animals are not things but beings with biological needs, neither development has changed the estate law reality: a pet cannot receive a gift under a will and cannot be named as a beneficiary.
This creates a practical limitation. An owner cannot leave fifty thousand dollars directly to their cat. What they can do is leave the cat to a specific person, and leave money to that person to cover the animal's care.
The distinction matters because without deliberate planning, a pet defaults to being treated like furniture or a vehicle: it forms part of the estate and is distributed according to the will or, in the absence of one, according to provincial intestacy rules. In practice this often means the pet goes to a surviving spouse or the next of kin who is willing to take it. When no one steps forward, it may be surrendered to a shelter.
What happens immediately after the death
The immediate period after a death is when a pet is most vulnerable. If the owner lived alone, there may be no one present to notice the animal's needs. A pet may go without food, water, or a way to go outside for hours or longer if no one has a key to the home or knows an animal is there.
A few steps matter urgently in the first hours and days:
Someone needs to check on the animal. Family members, neighbours, or friends who are managing the practical aftermath of a death should confirm that a pet in the home is accounted for, fed, and safe. If the person died alone, emergency responders or the person who discovers the death will typically not take responsibility for a pet. It falls to whoever handles access to the home.
Temporary care needs to be arranged. Unless a permanent caregiver is ready to take the animal immediately, someone needs to provide temporary care. This might be a neighbour, a family member, a friend, or a boarding facility. The cost of temporary boarding or care during the estate administration period is generally payable from the estate.
The animal's routine should be maintained as much as possible. Pets are often distressed by disruption, particularly by the loss of their owner. Maintaining feeding times, sleeping arrangements, and familiar environments where possible reduces additional stress on the animal during a period that is already difficult for everyone involved.
Options for the animal's longer-term care
When no specific plan exists, whoever is administering the estate has to make a decision about the pet. The options available depend on the situation.
A family member or friend takes the animal
The most straightforward outcome is that someone who knew the deceased and the pet is willing and able to take the animal in. This works best when it is discussed and agreed upon in advance rather than decided under pressure in the days after a death. A person who takes a pet without any corresponding financial support takes on all future costs themselves.
The executor finds a new home
If no family member or close contact can take the animal, the executor has the authority to find a new placement. This might involve approaching friends of the deceased, advertising through community networks, or contacting a rescue organization. The executor's primary obligation is to the estate and its beneficiaries, not to the pet specifically, though most executors will make a genuine effort to find a good placement.
Surrender to a shelter or rescue organization
When no private placement is found, the animal may be surrendered to a humane society or rescue organization. Most shelters will accept animals in these circumstances, though placement in a no-kill facility cannot always be guaranteed. The Canadian Veterinary Association and provincial SPCAs have resources that can help executors find appropriate placements.
Animal stewardship programs
Some humane societies and shelters in Canada have formal stewardship programs that can be set up in advance as part of estate planning. The Ottawa Humane Society has a pet stewardship program, for example, under which an owner signs an agreement in advance, provides detailed care information about the animal, and bequeaths the animal to the organization along with a fee. When the owner dies, the shelter takes immediate custody, places the animal in foster care, and provides a permanent home. The enrollment fee for some of these programs is significant, and not every shelter offers them.
How to include a pet in estate planning
The most reliable way to protect a pet is to make a plan in advance, even a simple one, and to communicate that plan to the people involved.
Name a caregiver in the will
A will can name a specific person to receive the pet, along with a financial bequest to that person to cover future care costs. This is the most direct way to ensure the animal goes to someone the owner trusts. Naming an alternate caregiver is also worth doing: circumstances change, and having a second person in place avoids the need for improvisation.
The financial bequest for care does not need to be calculated to the last dollar. A rough estimate based on annual pet expenses multiplied by a realistic estimate of the animal's remaining lifespan gives a workable starting point. A dog or cat that is five years old and costs approximately fifteen hundred to two thousand dollars per year to care for might need a fund of fifteen to twenty thousand dollars to cover the remainder of a typical lifespan.
Some pets require considerably more thought. Certain bird species can live fifty years. Some reptiles live even longer. An animal with a long lifespan, specialized dietary needs, or complex care requirements deserves specific attention in the estate plan, including consideration of who has the knowledge and commitment to care for it over the long term.
Leave a letter of instruction
A letter of instruction accompanying the will, but not forming part of it, can provide the caregiver with practical information about the animal: its name, veterinarian, diet, medications, habits, and what the owner would want for it. This kind of letter is particularly useful when an animal has specific health needs or behaviours that a new caregiver would need to know about.
Consider a pet trust
In some provinces, it is possible to establish a trust for the care of a pet, with funds held by a trustee and released to a caregiver over time for the animal's care. A pet trust is a more formal arrangement than a simple bequest and provides a level of ongoing oversight that a one-time gift does not. It may be appropriate for high-value animals or situations where the owner wants to ensure the funds are actually used for the pet's care rather than absorbed into the caregiver's general finances.
A notary or lawyer can advise on whether a pet trust is available and appropriate in a given province, and how to set one up.
Tell the people involved
The most important step is communication. The person named as caregiver needs to know they are named and needs to have agreed. If they have not agreed, they may decline when the time comes, which leaves the situation unresolved. The executor also benefits from knowing what plan exists for the animal, so they can implement it immediately rather than having to improvise.
What to do if no plan exists
When someone dies without any provision for a pet, the executor or the person managing the immediate aftermath of the death is left to work something out. A few practical steps can help:
- Contact people who knew the deceased well and ask whether anyone is willing and able to take the animal
- Reach out to the deceased's veterinarian, who may be able to help identify options or connect with local rescue networks
- Contact the local humane society or SPCA to understand what options exist
- Check whether the deceased was a member of any breed-specific rescue or animal-focused community that might have resources
The estate can cover reasonable costs of temporary care during this process.
A note on grief around pet loss
For many people, the loss of a pet involves a form of grief that is not always socially recognized. When a pet dies, or when a pet belonging to someone who has died has to be rehomed or surrendered, the grief around that loss is real. For families navigating a death and dealing with an animal simultaneously, this is worth acknowledging. The animal often represented a connection to the person who died, and the decisions about its future can carry significant emotional weight.
Frequently asked questions
Can a pet be named as a beneficiary in a will in Canada?
No. Under Canadian estate law, pets are classified as property and cannot receive gifts or be named as beneficiaries. A will can name a person to receive the pet and can leave funds to that person for the pet's care, but cannot leave anything directly to the animal.
What happens to a pet if there is no will?
Without a will, the estate is distributed according to provincial intestacy rules. A pet, as property, would typically pass to the surviving spouse or the next of kin who inherits the estate. If no one in that line of succession is willing to take the animal, the executor or estate administrator will need to find another placement.
Can an executor be required to care for a pet?
No. An executor has a duty to the estate and its beneficiaries, not to a pet specifically. An executor who is not willing or able to care for the animal personally can arrange for temporary boarding or placement from estate funds, but cannot be compelled to provide personal care.
Is there a law preventing the euthanasia of a healthy pet after an owner's death?
There is no law in Canada that prevents the euthanasia of a healthy pet. Pets are classified as property, meaning the owner or, after the owner's death, the person who inherits the animal, can make decisions about it including euthanasia. In practice, most executors and families will make every effort to find a living placement before considering this option.
How much should be left to cover a pet's care?
A reasonable starting point is to calculate annual care costs, including food, routine veterinary care, and any recurring medications or treatments, and multiply by the animal's estimated remaining lifespan. For a dog or cat in mid-life, fifteen to twenty-five thousand dollars is a commonly cited range, though the right amount depends entirely on the specific animal and its needs.
Sources
This article draws on information published by RBC Wealth Management, the Canadian Veterinary Association, Epilogue Wills, HGR Graham Partners LLP, the BC Bar Association, CBC News, and publicly available guidance from provincial humane societies across Canada. Requirements and legal frameworks vary by province and territory. This content is provided for informational purposes only and does not constitute legal or financial advice. Consulting a notary or lawyer is recommended for guidance specific to a particular estate plan.
